Metropolitan Magistrate Abhilash Malhotra gave benefit of doubt to Raghu and Vijay Sharma saying it was clear that prosecution witnesses have given contradictory statements in the court.
"... It is clear that the prosecution witnesses have given contradictory statement in the court. The independent witness of the prosecution... Is hostile on the point of identity of the accused. The testimony of police officials is inconsistent and contradictory.
The court freed Raghu and Vijay of the charge under sections 297 (trespassing on burial places) and 34 (common intention) of the IPC.
A case was registered by Delhi Police at I P Estate Police Station against 10 people but charges were framed against Raghu and Vijay only.
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Police received information that some unknown persons, associated with a political party, were planning to exhume the bodies of December 13, 2001 Parliament attack terrorists from the graveyard at ITO here.
Both the accused had denied the allegations against them.
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